Manimala Pal vs State Of Jharkhand And Ors on 25 May, 2017

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Jharkhand High Court

Manimala Pal vs State Of Jharkhand And Ors on 25 May, 2017

Bench: S. N. Pathak

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(C). No. 2850 of 2017


     Manimala Pal                                  ...    ...     ...     Petitioner
                           Versus
     State of Jharkhand & Ors.                    ...   ...     ...   Respondents.
                       ------
     CORAM:       HON'BLE MR. JUSTICE DR. S. N. PATHAK
                       -----
     For Petitioner           : In Person
     For Respondents          : Mr. Krishna Murari, Advocate
                                Mr. N.K. Mehta, JC to SC (Mines)
                       ------

02/ 25.05.2017

Issue notice to the respondent No. 4, as to why the prayer made in the writ petition be not allowed, for which requisites, etc., must be filed within one week, through registered cover with AD as also under ordinary process.

Mr. Krishna Murari, learned counsel appearing on behalf of the respondent No. 3, Ranchi Municipal Corporation ("RMC" for short) very fairly submits that just on receipt of a copy of the writ petition, immediate steps were taken by the respondent-RMC and prima facie it was found that illegality has been committed by respondent No. 4. The RMC has already passed an order for stopping construction by lodging an U.C. Case No. 53 of 2017. Learned counsel further submits that every steps have been taken to ensure that any illegal action done by the respondent No. 4 is stopped.

Learned counsel for the respondent No. 3 is directed to take legal actions and do whatever required in accordance with law. The respondent-State is also directed to file counter affidavit stating that under what authority of law and under what circumstances this construction was allowed.

Ms. M.M. Pal, learned senior counsel appearing in person submits that even water pipe line has been disconnected and damaged. She further submits that the digging area should immediately be filled-up, which is also dangerous for the people of that area.

Accordingly, the respondent No. 3, RMC, is directed to take immediate steps for restoring the water connection within 24 hours. The respondent-State is also directed to take preventive steps so that no law and order problem is created.

The Sr. S.P. of Ranchi is directed to take immediate steps and look into the matter personally and see that the residence of the learned senior counsel is secured. If any untoward incident takes place at the hands of Respondent No. 4, then the Sr. S.P. Ranchi will be held responsible for it.

Let the matter be listed soon after filing of the counter- affidavit.

The Court appreciates the fair submission of the learned counsel for the respondent-RMC and also for the immediate steps taken by him.

(Dr. S.N. Pathak, J.) kunal/-

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